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HomeMy WebLinkAbout10/16/1967CITY COUNCIL TOWN OF LOS ALTOS HILLS MINUTES OF A REGULAR MEETING October 16, 1967 REEL 1, SIDE 2, TRACK 4 FOOTAGE 00-1384 REEL 1, SIDE 1, TRACK 3 - FOOTAGE 00-369 Deputy Mayor Mary C, Davey called the Regular Meeting of the City Council of the Town of Los Altos Hills to order at 7:50 P. M. in the Council Chambers of the Town Hall, 26379 Fremont Road, Los Altos Hills, with the following members answering Roll Call: Present: Councilmen Benson, Fowles Deputy Mayor Davey. Absent: Councilman Aiken (arr. 7:52 P.M.), Mayor Henley. The Planning Commission was represented by Commissioner Don T. Hibner. APPROVAL OF MINUTES: REEL 1 SIDE 2 MOTION, SECONDED AND CARRIED: Councilman Fowle moved, seconded by TRACK 4 Councilman Benson, and carried unanimously by voice vote, that the 04 Minutes of October 2, 1967 be approved as circulated. Councilman Aiken arrived at 7:52 P. M. WRITTEN COMMUNICATIONS READ BY CITY MANAGER. - 1) Letter from Preston Burchard, Chairman of the Tree Committee, dated 08 October 17, 1967, requesting an expression from the Council as to Town policy on neighborhood planting. Oral testimony was heard from Mrs. D. A. Miller, 13076 Vista del Valle Court, to delay the request. The Deputy Mayor directed that this communication be taken up under the Agenda item of "Other Business by Councilmen". 2) Letter from First National Bank of Nevada, P. O. Box 461, Reno, Nevada 29 dated September 29, 1967, opposing any slope density requirements within the Town. 3) Letter from Donald E. Spencer, 27490 Sherlock Road, dated October 30, 35 1967, regarding Planning Commission and City Council discussions on MAPS Committee Report. 4) Letter from Los Altos School District, dated October 12, 1967, request- 74 ing Council consideration of a $500.00 contribution toward the cost of an after school recreation program. MOTION, SECONDED AND CARRIED: -Councilman Fowle moved, seconded by Council- man Aiken, and carried unanimously by voice vote, that this request be i referred to Staff for further investigation and agendaed for the �� November 6th meeting for discussion. C(X44UNICATIONS continued: REEL 1, SIDE 2, TRACK 4 continued 5) Copy of letter dated October 6, 1967 from Technical Advisory Com- 89 mittee, County of Santa Clara Transportation Planning Study to the Santa Clara County Transportation Policy Committee rejecting the Towns proposed amendment to Landscaping recommendations for non -vehicular traffic as part of the landscaping on Expressway .Projects. At 8:14 P. M., Deputy Mayor Davey directed the City Manager to defer further communications and consider Scheduled Item #1. SCHEDULED ITEM #1: ROSEHILL ESTATES TRACT NO. 4215 - Request for 102 Bxtension of Time for mp a ing auvuxvlsluu mppX Vements. MOTION AND SBCCND: Councilman Aiken moved, seconded by Councilman Benson, that an extension of six (6) months from August 28, 1967, under the same conditions as prevailed before, be granted to Rosehill Estates, Tract No. 4215, but that the penalty which has been running since August 29, 1967 not be waived; this penalty would therefore cease as of October 16, 1967. SUBSTITUTE MOTION AND LACK OF SECOND: Councilman Fowle moved the six (6) months' extension be granted to Rosehill Estates, Tract No. 4215, but that the penalty be deleted. Mrs. D. A. Miller, 13076 Vista del Valle Court, opposed the Substitute Motion. �\ SUBSTITUTE MOTION DIED FOR LACK OF A SECOND. MOTION CARRIED: The Motion to grant extension with penalty was unanimously carried by voice vote. Deputy Mayor Davey instructed the Staff that the penalty accrued by Rosehill Estates, Tract No. 42150 is to be received within ten (10) days. Oral testimony was heard from: Mrs. J. G. Ronsiek, 13023 Vista del Valle Court, and Mr. T. Gamboa, developer of Rosehill Estates. MOTION, SECONDED, AND CARRIED: Councilman Aiken moved, seconded by Councilman Fowle, and carried unanimously by voice vote, that Dr* M. Shibuya be issued a building permit -for his lot in Rosehill Estates, Tract No. 4215, subject to his acknowledging that no occupancy will be taken by him until the matter of sewage disposal has been settled in his area. SCHEDULED ITEM # 2: CONSIDERATION OF FRANCHISE TO CALIFORNIA NATER CO. 209 Deputy Mayor Davey deferred this matter to "Ordinances" on the Agenda for the first reading of the necessary ordinances to proceed with the franchise. COMMUNICATIONS Continued: - 6) Letter from Mr. B. W. Marsh, 25541 Altamont Road, dated October 16, 221 1967 relating to the appointment of Mr. R. B. Aufmuth to the Sewer Committee. 7) Letter from Mr. Carl R. Noller, 13060 La Paloma Road, dated October 16, 233 1967, relating to the appointment of Mr. R. B. Aufmuth to the Sewer Committee. -2- COMMUNICATIONS continued: REEL 1, SIDE 2, TRACK 4 continued —� Mrs. S. Anderson, 13051 La Paloma Road, and Mr. C. A. Walter, Chairman of the Sewer Committee, spoke on the issue of the appointment. Council .. discussion followed, and Mr. Aufmuth!s appointment affirmed. City Manager advised that four communications had been received relating 300 to the proposed revision to Ordinance No. 8 (providing for sanitary sewage in the Town), as authored by the Homeowners for Responsible Action, Deputy Mayor Davey directed the City Manager to continue with the reading of the communications for discussion at this time. 8) Letter dated October 17, 1967 from Preston Burchard, Chairman, Home- owners for Responsible Action, urging the Council to proceed with the enactment of the proposed revision to Ordinance No. 8. 9) Letter dated October 16, 1967 from Mr. and Mrs. Lawrence W, Templeton, 319 12846 Viscaino Road, urging the Council to proceed with the enactment of the proposed revision to Ordinance No. 8. 10) Letter dated October 15, 1967 from Thomas H. Marshall, Charter Member 328 of Homeowners .for Responsible Action, urging the Council to act on the proposed revision to Ordinance No. 8. 11) Letter dated October 16, 1967 from Dr. W. Mary Riggs, District Health 337 Officer, County of Santa Clara, requesting the Council to refrain from any - action until her Staff has completed its report on the proposed revision J\� to Ordinance No, B. MOTION AND SECOND: That the proposed revision to Ordinance No. 8 as authored by the Homeowners for Responsible Action be discussed tonight and that the ordinance be scheduled for first reading at the November 6th meeting. Oral testimony was heard from: C. A. Walter, Chairman of Sewer Committee, and Peter J. Nardini, Supervising Sanitarian of the Santa Clara County Health Department,. opposing the Motion. Mr. B. W. Marsh spoke in favor of the Motion. Deputy Mayor Davey pointed out the proposedrevision had not been formally submitted to the Council nor accepted by it, and that it should properly be agendaed for discussion. Council discussion followed. MOTION FAILED; The Motion for discussion on revision to Ordinance No. 8 failed for lack of a majority on a voice vote of 2 to 2, with Councilman Fowle and Deputy Mayor Davey opposed. MOTION, SECONDED AND CARRIED: Councilman Aiken moved, seconded by Council- man Benson, and unanimously carried by voice vote, that full discussion on the proposed amendment. to Ordinance No. 8 be agendaed for the November 6th meeting, and that the Staff - legal, engineering and administrative be asked to look into the ordinance and various alternatives that may come V 1 into their mind and that the Staff particularly contact the Health Departs --t J and the Sewer. Committee for any suggestions. -3- continued; REEL 1. SIDE 2. TRACK 4 continued MOTION: Councilman Benson moved that it be Town policy to establish small sewer assessment districts where people want them, with small pumping stations to Los Altos. 14OT30N WITHDRAWN: Following Council discussion, Councilman Benson withdrew his Motion for a Town policy to await pertinent reports and further dis- cussion on November 6th. -MOTION AND SECOND: Councilman Aiken moved, seconded by Councilman Benson, 643 that as of now no new septic tanks shall be installed without being engineer -designed and being approved by the .City Engineer. Oral Testimony on the Motion by: City Engineer, Mr. P. J. Nardini, and Mrs. S. Anderson. MOTION AND SECOND WITHDRAWN: Councilman Aiken withdrew the Motion, with consent of the seconder. MOTION, SECONDED AND CARRIED: Councilman Aiken moved, seconded by Council- man Benson, and carried unanimously by voice vote, that in the interim between this date and the time there is a revision to Ordinance No. 8, that the Staff advise anyone contemplating the installation of a septic tank that there is a possibility for better functioning of septic tanks. VARIANCE: HEi.GE550N ALAN �V-288-67) - Request for reduction of setback 700 ._� requirement to 221 of property line for addition to existing residence at 26880 Elena Road. City Manager read letter from Mr. Joseph A. Parise, 26875 Mena Road, dated October 13, 1967, relating his objections based on the private driveway easement. Planning Commission representative, Don T. Hibner, reviewed the reasoning of the Commission, and that the driveway easement was not the issue before either governing body. Deputy Mayor Davey asked for comments from the Floor. There were none. MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Councilman Fowle, and carried unanimously by voice vote, that the variance request of Alan Helgesson (V-288-67) be approved, in accordance with the unanimous decision of the Planning Commission. TENTATIVE i4AP: MARTINBL.LI, FRANK SR. (334-67) - 4 lots, Moody Road - 758 Engr., Chas. L. Coburn. NOTION AND SECOND: Councilman Benson moved, seconded by Councilnan Aiken, that the Tentative Nap of Frank Martinelli Sr. (334-67) be sent back to the Planning Commission for further study, on the basis of their considering this as part of the MAPS area. -4- MARTINELLI (334-67) continued: RBEL 1, SIDE 2, TRACK 4 continued 1^ Council discussion followed and Commissioner Hibner explained the Com- mission's consideration of the MAPS Committee Report and Cormnission's recommendations. Mr. Donald Carr, representing Mr. Martinalli, and Engr. Coburn, gave oral testimony on their reasons for opposing the Motion. Deputy Mayor Davey asked for comments from the Floor: Oral objections to the subdivision were heard from James K. Bell, 27421 Sherlock Road, Mrs. D. A. Miller, 13076 Vista del Valle Court, R. W. Poole, 26041 Moody Road, and T. P. McReynolds, 26045 Moody Road, RECESS: At 10:55 P. M., Deputy Mayor Davey adjourned the meeting for 1384 recess. REEL 1 SID'S 1 MEETING CONVENED: At 11:02 P. M., the Deputy Mayor reconvened the TRACK 3 meeting, and Council discussion continued on the Notion pending. 00 MOTION AND 5ECOND WITHDRAWN: Councilman Benson, at the request of and consent of the seconder, withdrew the P+lotion to return the Martinelli map to the Planning Commission. —✓� MOTION AND SECOND: Councilman Benson moved, seconded by Councilman Aiken, ) that the Tentative Map of Frank Martinelli, 'Fr. (334-67) be returned without prejudice to the Planning Commission, with the instruction that they make a three lot subdivision. Council discussion followed as to slides, slippage, roads, reasons for .limiting number of lots, and sewage disposal requirements. MOTION AND SECOND WITHDRAWN: .Councilman Benson, with consent of seconder, withdraw the Motion for a 3 -lot subdivision. NOTION AND LACK OF SECOND: Councilman Benson moved, that the Tentative Map of Frank Martinelli Sr. (334-67) be disapproved, pending further investigation with the Santa Clara County Health Department. MOTION FAILED: Councilman Benson's Motion to disapprove failed for lack of a Second. MOTION AND SECOND: Councilman Fowle moved, seconded by Deputy Mayor Davey, that the Tentative Map of Frank Martinelli, Sr. (334-67) be approved, subject to approval of all agencies. MOTION FAILED: Motion to approve failed for lack of a majority on a voice vote of 2 to 2, Councilmen Aiken and Benson opposed. j Councilman Aiken submitted a prepared statement as follows: "My concern is vJ the problem of land slippage. This, and the very great slope, makes it impossible for me to vote for more than 3 lots." -5- MARTI1VELLI (334-67) continued: REEL 1, SIDE 1, TRACK 3 continued MOTION, SECONDED AND CARRIED: Councilman Aiken moved, seconded by Council- man Benson, that the Tentative Map of Frank Martinelli Sr. (334-67) be sent back to the Planning Commission for review with recommendation for three lots, with special attention to be paid to the problem of water from possible septic tanks and ground slippage, was carried by voice vote of 3 to 1, Deputy Mayor Davey opposed. Planning Commissioner representative, Don T. Hibner, objected to the Motion in that it placed the Commission in fields in which they were not expertise. CARRIED MOTION FAILED BECAUSE OF WITHDRAWAL OF AFFIRMATIVE VOTE: Council- man Powle withdrew his affirmative vote on the foregoing Motion on 3 lots with special instructions to Planning Commission, and the Motion failed for lack of a majority on a voice vote of 2 to 2, Councilman Fowle and Deputy Mayor Davey opposed. Deputy Mayor Davey advised Mr. Martinelli, that since the Council was at an impasse, that he bring the Tentative Map back to the Council or await a solution of the sewage problem, Mr, D, Carr, representing Mr. Martinelli, requested the Council to agenda this matter for the November 6th meeting, and the City Manager. was so instructed by the Deputy Mayor. --�� PINK HORSE RANCH UNIT #2 (305-65) - Tentative Map, 9 lots Adobe Lane - 98 Engr. George S. Nolte. City Manager read letter from City Engineer dated January 16, 1967, recommending approval with 10 conditions, and letter from Santa Clara County Health Department dated October 2, 1967, submitting report on condition of abandoned structure on subject property, MOTION A1,M LACK OF SECOND: Councilman Fowle moved that the Tentative Map of Pink Horse Ranch Unit M2 be approved, subject to the conditions set forth by the Planning Comriission and all agencies. MOTION SECONDED v11TH AME14DMENTS: Councilman Aiken seconded Councilman Fowle's Motion, subject to the following amendments: 1) that Mr. Roscoe immediately tear down the portion already started which is over the setback requirements, 2) enclose the barn and board the doors so it cannot be entered, 3) clean up inside and outside, and 4) tear down the silos. Councilman Fowle stated he could not agree to the amendments, since the barn was not the issue but the combination of barn and the presence of the easement over lots 24 and 25. _ SECOND WITHDRAWN: Councilman Aiken withdrew his Second on the basis it was necessary to inspect the situation before voting, and Motion died for lack, of a Second. Deputy Mayor Davey instructed the Staff to agenda this Tentative Map for the November 6th meeting, pending an inspection by the Council. -6- PINK HORSE RANCH UNIT N2 continued: REEL 1, SIDE 1, TRACK 3 continued ^� Mr. Roscoe advised the Council the water company will not abandon the water- ;' line easement as requested by the City Engineer under Item #6, January 16th letter aforementioned. Council discussion followed and supported the position of the water company. DISCUSSION OF MUNICIPAL CODE: 240 Following discussion, Deputy Mayor Davey instructed the City Attorney to proceed with the codification of ordinances in accordance with the California Code Service's letter and recommendations of the City Manager.. STAFF REPORTS: CityEngineer referred to the administrative changes resulting frora the 246 Unruh Gas Tax Reform Act (AB 2454) and that nonbudgeted funds must be requested prior to November 8th. In this regard, City Attorney introduced and read in its entirety, Resolution No. 412, a resolution of the City Council of the Town of Los Altos Hills, adopting and submitting a budget for expenditure of funds allocated from the State Highway Fund to Cities. -� MOTION, SECONDED AND CARRIED: Councilman Aiken moved, seconded by Council- man Fowl,, that Resolution No. 412 be adopted as read, was carried unanimously by Roll Call Vote: Ayes: Councilmen Aiken, Benson, Fowls, Deputy Mayor Davey. Noes: None. Absent: Mayor Henley. City Manager announced that copies of the City Attorney's letter dated 266 October 12, 1967 regarding Councilmanic Errors and Omissions insurance will be forwarded to all Councilmen. City Manager reported that an estimate of $217.00 has been received from a local secretarial firm for a complete transcript of one average 3 -hour meeting, based on 100 copies. City Manager submitted Expenditure Report for the Month of September. City Manager announced a conference on "Solution of Seepage and Drainage Problems" to be held at Asilomar Conference Grounds, Pacific Grove, Dec. 3-8 inclusive, registration fee $175.00. The City Engineer will attend and Mr. Morse requested the Council to approve one-third the cost, not to exceed $60.00, since there would be benefit to the Town. MOTION, SECONDED AND CARRIED: :Councilman Aiken moved, seconded by Council- man Fowle, that the recommendations of the Tree Committee on neighborhood planting as stated in Preston Burchard's letter of October 17, 1967, be approved as Town policy and which is already budgeted for, was carried unanimously by voice vote. -7- COMMUNICATIONS Continued: REEL 1, SIDE 1 TRACK 3 continued `1 12) Letter dated October 12, 1967 from Mr. J. L. Heid, 247/5 Olive Tree 298 Lane, regarding solution of sewage problens, and attaching an announcement of a book he has authored. -Deputy Mayor referred Mr. Heid's communication to the Sewer Committee. ANNOUNCEMENTS: 1. City Manager announced the postponement of the Sewer Committee meeting 320 of October 17th to October 24, 1967 at the Town Hall, at 8:00 P. M. because the Metcalf & Eddy Report will not be ready. 2) City Manager announced that he had obtained the film "Poles Come Tumbling Down" for the November 6th meeting. Deputy Mayor Davey instructed the Staff to agenda this film as the first order of business for a Special Meeting of the Council before its regular meeting of November 6, 1967 at 7:15 P. M., and to give full publicity for the public to attend, with an invitation to have representatives of the Pacific Gas & Electric Co, present. PR35E1TATIONS FROM THE FLOOR. 1) Mr. D. Spencer, 27490 Sherlock Road, elaborated on the main purpose 337 - -�\ of his writing his communication dated October 10, 1967 (see Cora iuni cations, _J P. 1, Item 3.) ORDINANCES: 1. ORDINANCES RELATING TO FRANCHISE TO CALIFORNIA WATER CO. - FIRST READINGS. a) City Attorney read title of Ordinance No. 129, an ordinance of 350 the Town of Los Altos Hills requiring issuance of a franchise as a condition precedent to occupancy of the public street and ways by any public utility. MOTION, SECOND AND CARRIED: Councilman Fowle moved, seconded by Councilman Aiken, that further reading of Ordinance No. 125 be waived, was carried unanimously by Roll Call Vote: Ayes: Councilmen Aiken, Benson, Fowle, Deputy Mayor Davey. Noes: None. Absent: Mayor Henley. b) City Attorney read title of Ordinance No. 130, Ordinance of the 354 Town of Los Altos Hills prescribing procedures for issuance of franchises to public utilities. MOTION, SECONDED AND CARRIBD: Councilman Fowle moved,. seconded by Councilman Aiken, that further reading of Ordinance No. 130 be waived, was carried unanimously by Roll Call Vote: Ayes: Councilmen Aiken, Benson, Fowle, Deputy Mayor Davey. Noes: vJ None. Absent: Mayor Henley. 10 OTHER BUSINESS - REEL 1, SIDE 1, TRACK 3 continued City Attorney requested the Council to consider waiving Town Council 360 _. meetings when they conflict with the League of California Cities Conference meetings once a year, since these meetings are most bene- ficial to the Staff, as well as the Council, and the busy schedules work a hardship. Council accepted this recommendation and Deputy Mayor Davey stated the Council will act on this in the future. WARRANTS: 364 MOTION, SECONDED AND CARRIED: Councilman Fowle moved, seconded by Councilman Benson, that Bills as presented in the amount of ONE THOUSAND, BIGHT HUNDRED SIXTY-NINE DOLLARS and Fifty-eight Cents ($1,869.58) be approved and the City Clerk authorized to draw the appropriate warrants, was carried unanimously by Roll Call Vote: Ayes: Councilmen Aiken, Benson, Fowle, Deputy Mayor Davey. Noes: None. Absent: Mayor Henley. There being no further business, the meeting was adjourned at 12:10 A. M. 369 to: SPECIAL MEETING: Monday, November 6, 1967 at 7:15 P. M. at the Town Hall. NEXT REGULAR MEETING: Monday, November 6, 1967 at 7:45 P. M. at the Town Hall. J` Respectfully submitted, JUANITA L. MORGAN City Clerk Town of Los Altos Hills by 10/16/67-mam F. 14. Munz 1